A. Purposes and Findings. It is the intent of these regulations
to prevent problems of blight and deterioration which can be brought
about by the concentration of adult entertainment businesses in close
proximity to each other or proximity to other incompatible uses such
as schools for minors, public parks, and residentially zoned districts.
Recent studies prepared by other jurisdictions with respect to the
establishment of such adult-oriented businesses have demonstrated
that a number of detrimental social and economic effects are produced
to those persons and properties immediately surrounding established
adult-oriented businesses. Moreover, recent opinions of the United
States Supreme Court have upheld local regulations of such adult-oriented
businesses when regulations are predicated upon the fact that establishment
of such businesses disrupts the social and economic welfare of those
areas immediately adjacent to such businesses and, therefore, dispersal
of such businesses from churches, schools, parks, and residences is
necessary and appropriate for the preservation of the public health,
safety and welfare.
1. Prior to the adoption of the ordinance codified in this chapter,
this Council has had available and reviewed detailed studies prepared
by other jurisdictions with respect to the detrimental social and
economic effects produced to those persons and properties immediately
surrounding established adult-oriented businesses. These studies included
those prepared by the Cities of Indianapolis, Indiana; Phoenix, Arizona;
Los Angeles, California; and Austin, Texas. The consensus of these
studies tend to demonstrate that the crime rate in areas surrounding
even one adult-oriented business tends to escalate (particularly as
to sex-related crimes) and that property values in such areas tend
to show a marked decrease. This is particularly true given a close
proximity to residential areas. The general summary is that it is
reasonable and prudent that local jurisdictions exercise zoning power
to regulate the location of adult-oriented businesses to operate in
areas of the community that, while accessible to their patrons, are
located in districts that are least likely to injure the general welfare
of residents. Based upon the findings and conclusions set forth in
said studies, this Council hereby finds as follows:
a. Areas within close walking distance of single and multiple family
dwellings should be free of adult-oriented businesses;
b. Areas where children could be expected to walk, patronize or recreate
should be free of adult-oriented businesses;
c. Adult-oriented businesses should be located in areas of the City
which are not in close proximity to residential uses, churches, parks,
and other public facilities and schools;
d. The image of the City of Buena Park as a pleasant and attractive
place to reside will be adversely effected by the presence of adult-oriented
businesses in close proximity to residential land uses, churches,
parks, and schools;
e. Regulation of adult-oriented businesses should be developed to prevent
deterioration and/or degradation of the vitality of the City before
the problem exists, rather than in response to an existing problem;
f. The Buena Park Redevelopment Agency has instituted a number of specific
redevelopment projects for the purpose of upgrading existing deteriorated
and "blighted" economic and social conditions in and around such project
areas. The presence of adult-oriented businesses in and around such
existing project areas would defeat the purpose of such redevelopment
projects;
g. Commercial areas of the City patronized by young people and children
should be free of adult-oriented businesses;
h. Areas where students are walking to and from school should be free
of adult-oriented businesses so not to be subjected to confrontation
with the existence of such businesses;
i. Adult-oriented businesses should be regulated by zoning to separate
them from other dissimilar uses just as any other land use should
be separated from uses with characteristics different from itself;
j. The location of adult-oriented businesses in proximity to residential
uses, churches, parks, and schools may lead to increased levels of
criminal activities, including prostitution, rape, incest, and assaults
in the vicinity of such adult-oriented businesses;
k. The experience in numerous other cities has shown that the location
of adult-oriented businesses tends to degrade the quality of areas
in which they are located and cause a blighting effect upon the City;
l. Location of adult-oriented businesses in close proximity to residential
uses, churches, parks and schools will reduce retail trade to commercial
uses in the vicinity, thus reducing property values and tax revenues
to the City. Such adverse effects on property values will cause the
loss of some commercial establishments followed by a blighting effect
upon the commercial districts, within the City, leading to deterioration
of the commercial/economic quality of the City;
m. Location of adult-oriented businesses within walking distances of
churches and other religious facilities will have an adverse effect
upon the ministry of such churches and will discourage attendance
at such churches by the proximity of such adult-oriented businesses;
n. A reasonable regulation of the location of adult-oriented businesses
will provide for the protection of the image of the City of Buena
Park and its property values, and protect the residents of the community
from the adverse effects of such adult-oriented businesses, while
providing to those who desire to patronize adult-oriented businesses
an opportunity in areas within the City which are appropriate for
location of adult-oriented businesses;
o. The initial location of adult-oriented businesses will lead to the
location of additional and similar uses within the same vicinity,
thus multiplying the adverse impacts of the location of adult-oriented
businesses upon residential uses, churches, parks, and schools and
directly cause adverse impacts upon the image and quality of the character
of the entire community; and,
p. The above-referenced findings and conclusions can be feasibly promoted
and/or achieved by adoption of this Ordinance.
2. The Development Services Department of the City of Buena Park has conducted and completed a study of properties within the City of Buena Park as they will relate to the development propensities and characteristics of adult-oriented businesses; the result of such study to evaluate and recommend reasonable, prudent, and thorough regulations concerning the location and operation of adult-oriented businesses in those areas of the community that, while accessible to their patrons, best promote the goals, findings, and policies set forth in subsection
A1 of this section. Prior to the adoption of the ordinance codified in this chapter, this Council has reviewed the findings and data contained in such study (entitled "Land Use Planning Study, December 1992") which study is incorporated herein by reference.
3. It is, therefore, the purpose of these regulations to establish reasonable
and uniform regulations to prevent the concentration of adult businesses
or their close proximity to incompatible uses, while permitting the
location of adult businesses in certain areas.
B. Definitions. The following words shall have the following
meanings:
1. It is the intent of this Section that the definitions set forth in
the Buena Park Zoning Ordinance shall apply but only where they do
not conflict with any definition set forth in this Section.
2.
Adult entertainment business.
An adult entertainment business is any business in which
any of the following activities are conducted:
a.
Adult Arcade.
An establishment where, for any form of consideration, as
a regular and substantial course of conduct one or more still or motion
picture projectors, or similar machines, for viewing by five or fewer
persons each, are used to show films, computer generated images, motion
pictures, video cassettes, slides or other photographic reproductions
that are characterized by an emphasis upon specified sexual activities
or the exposure of specified anatomical areas.
b.
Adult Bookstore.
An establishment that, for any form of consideration, as
a regular and substantial course of conduct offers for sale, rent,
or viewing either adult entertainment material, adult entertainment
merchandise or both.
c.
Adult Cabaret.
An establishment which serves food or beverages and which,
for any form of consideration, as a regular and substantial course
of conduct presents live performances that either:
(i)
are characterized by an emphasis upon specified sexual activities;
or
(ii)
feature any semi-nude person.
d.
Adult Hotel/Motel.
A hotel, motel or similar establishment offering public accommodations
for any form of consideration which either:
(i)
(1) Provides patrons with closed-circuit television transmissions,
films, motion pictures, videos, slides or other photographic or electronic
reproductions that are characterized by an emphasis upon specified
sexual activities or the exposure of specified anatomical areas; and
(2) advertises the availability of such material by means of a sign
visible from the public right-of-way, or by means of any off-premises
advertising including but not limited to newspapers, magazines, pamphlets,
leaflets, radio or television.
(ii)
Rents, leases or lets any single guest room for less than any
ten-hour period.
(iii)
Rents, leases or lets any single guest room more than twice
in any 24-hour period;
(iv)
Allows a tenant or occupant to sub-rent a guest room for a time
period less than ten hours.
e.
Adult Motion Picture Theater.
An establishment which, for any form of consideration, as
a regular and substantial course of conduct offers to show films,
computer-generated images, motion pictures, video cassettes, slides,
or other photographic reproductions that are characterized by an emphasis
upon specified sexual activities or the exposure of specified anatomical
areas.
f.
Adult Theater.
An establishment which, for any form of consideration, as
a regular and substantial course of conduct presents live performances
that either:
(i)
are characterized by an emphasis upon specified sexual activities;
or
(ii)
feature any semi-nude person.
g.
Modeling Studio.
An establishment which provides, for any form of consideration,
semi-nude figure models or figure models who expose specified anatomical
areas for the purpose of observation, sketching, photography, painting,
sculpting or other depiction by persons paying such consideration.
This definition shall not include the following:
(i)
schools maintained pursuant to standards set by the State Board
of Education; and
(ii)
schools maintained by an individual artist or group of artists,
and which do not provide, permit, or make available specified sexual
activities.
h.
Sexual Encounter Center.
A business, agency or person that, for any form of consideration,
provides a place where three or more persons, not all members of the
same family, may congregate, assemble or associate for the purpose
of engaging in specified sexual activities or exposing specified anatomical
areas.
i.
Any business that, for any form of consideration, as a regular
and substantial portion of conduct offers to its patrons products,
merchandise, services or entertainment characterized by an emphasis
upon specified sexual activities or the exposure of specified anatomical
areas.
3.
Adult entertainment material.
"Adult entertainment material" means any book, periodical,
magazine, photograph, drawing, sculpture, motion-picture film, videotape
recording, or other visual representation, characterized by an emphasis
upon specified sexual activities or the exposure of specified anatomical
areas.
4.
Adult entertainment merchandise.
"Adult entertainment merchandise" means adult entertainment
implements or paraphernalia, such as, but not limited to: dildos;
auto sucks; vibrators; edible underwear; benwa balls; inflatable orifices;
anatomical balloons with orifices; simulated vaginas and similar adult
entertainment devices that are designed or marketed primarily for
the stimulation of human genital organs or sadomasochistic activity.
6.
Park.
"Park" means a park, playground, swimming pool, golf course
or athletic field within the City which is under the control, operation
or management of the City or other public agency.
7.
Semi-nude.
"Semi-nude" means a state of dress in which clothing covers
no more than the genitals, pubic region, buttocks, areola and nipple
of the female breast, as well as portions of the body covered by supporting
straps or devices.
8.
Specified anatomical areas.
"Specified anatomical areas" means the following:
a.
Less than completely and opaquely covered human
(i)
genitals or pubic region;
(iii)
female breast below a point immediately above the top of the
areola;
b.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered;
c.
Any device, costume or covering that simulates any of the body
parts included in subsections of this subsection B.
9.
Specified sexual activities.
"Specified sexual activities" means the following, whether
performed directly or indirectly through clothing or other covering:
a.
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breast;
b.
Sex acts, actual or simulated, including intercourse, oral copulation,
or sodomy;
c.
Masturbation, actual or simulated;
d.
Excretory functions as part of, or in connection with, any of
the other activities described in subsections 1 through 3 of this
subsection B.
C. Zones for Adult Entertainment Establishments - Development Standards. Adult entertainment businesses are permitted only in those areas
of the City as set forth herein. The development standards applicable
to the establishment of an adult entertainment business shall be as
set forth in the Buena Park Zoning Ordinance for a zone and use most
comparable to the proposed adult entertainment business, as determined
by the Director.
D. Minimum Proximity Requirements. No adult entertainment business
shall be established within specified distances of certain specified
land uses or areas as set forth below:
1. No such business shall be established within 300 feet of any school,
church, park, hospital, publicly operated facility, or residentially
zoned property.
2. No such business shall be established within 1,000 feet of any other
adult entertainment business.
3. No such business shall be established on properties with a zoning
designation of AR, OS, and MR.
4. No such business shall be established on properties located within
500 feet of the Beach Boulevard right-of-way.
5. No such business shall be established on properties located within
300 feet of the Knott Ave. right-of-way between the 91, Artesia/Riverside
Freeway and Melrose Ave.
6. No such business shall be established on properties located south
of the 91, Artesia/Riverside Freeway.
7. No such business shall be established on any and all properties located
within the "Superblock" or "Manchester/Artesia" redevelopment project
areas or properties located within 300 feet therefrom.
E. Measurement of Distance Between Uses. The distance between
any two adult entertainment businesses shall be measured in a straight
line, without regard to intervening structures, from the closest exterior
structural wall of each business. The distance between any adult entertainment
business and any school, public park, or residential zone, etc. shall
be measured in a straight line, without regard to intervening structures,
from the closest exterior structural wall of the adult entertainment
business to the closest property line of the school, public park,
or residential zone.
F. Closed Viewing Areas. No adult use or adult entertainment
business shall maintain closed areas, booths, cubicles, rooms, or
other areas within its place of business that are used, designed,
or furnished for private sexual activity. No nudity or sexual activities
by customers shall be allowed on the premises. All portions of the
premises shall be available by access and visual inspection at all
times by any City inspector standing at the front door (not to include
existing and approved restroom facilities).
G. Adult Entertainment Zoning Permit Required. It shall be unlawful
to establish or operate, or cause or permit to be operated, any adult
entertainment business without first obtaining an adult entertainment
zoning permit from the Director.
H. Permit Application.
1. Any person, association, partnership, corporation, or other entity
desiring to obtain an adult entertainment zoning permit shall file
an application with the Director on a form provided by the Director.
The application shall be accompanied by a non-refundable application
processing fee in the amount established by City Council resolution.
2. The application for a permit shall contain the following information:
a. The name, address, and telephone number of the applicant. If the
applicant is a corporation, the applicant shall set forth the name
of the corporation exactly as shown in its article of incorporation,
the date and place of incorporation, the names and addresses of its
officers, directors, and each stockholder owning more than 10 percent
of the stock of the corporation. If the applicant is a partnership,
the applicant shall set forth the name and residence address of each
of the partners, including limited partners. If one or more of the
partners is a corporation, the provision of this section pertaining
to a corporate applicant shall apply. The applicant corporation or
partnership shall designate one of its officers or general partners
to act as its reasonable managing officer.
b. Name, address, and telephone number of the person who shall manage
and operate the business for which the permit is requested. The name
and address of a person authorized to accept service of legal notices.
c. The proposed business name of the adult entertainment business and
description of the type of adult entertainment business.
d. Street address of the proposed adult entertainment business and the
parcel number for the property.
e. A plot plan for the property depicting the location of the building
housing the adult entertainment business on the property.
f. If the adult entertainment business was in existence as of the effective
date of these regulations the date the business first commenced operation.
g. Any other information reasonably necessary to accomplish the purposes
of these regulations.
3. Referral to Other City Departments. The Director may refer the application
to other City departments to determine whether the premises where
the adult entertainment business is located, or will be located, complies
with the City's building, health, zoning, and fire ordinances or other
applicable ordinances or laws. City departments may conduct an inspection
of the premises to determine compliance with the ordinances and laws
they administer.
4. Action on Application. The Director shall determine
whether to grant or deny the permit within thirty working days after
receipt of a complete application.
I. Grounds for Permit Denial/Revocation.
1. The Director shall approve the permit unless he or she determines
from a consideration of the application, City inspection of the premises
or other pertinent information that:
a. Information contained in the application or supplemental information
requested from the applicant is false in any material detail.
b. The proposed location of the adult entertainment business would not comply with the requirements of subsection
C or
D of this section.
c. The operation of the adult entertainment business is or would be
in violation of one or more provisions of these regulations.
d. The premises where the adult entertainment business is or will be
located does not comply with all applicable laws; including, but not
limited to the City's building, health, zoning, and fire ordinances.
e. That a permit to operate the adult entertainment business has been
issued to the applicant, a partner of the applicant, or a stockholder
or the applicant which stockholder owns more that 10 percent of the
applicants' corporate stock, which permit has been suspended and the
period of suspension has not yet ended.
2. Notice of permit denial shall be in writing and shall state the grounds
therefore. Notice shall be personally served on the permit applicant
or mailed to the address listed on the application form.
3. An adult entertainment permit may be suspended for up to one year
or revoked for any of the reasons specified as grounds for permit
denial in subsection 1.a through e of this section.
J. Permit Conditions. The Director may condition the issuance
of an entertainment zoning permit by imposing reasonable conditions
to insure compliance with these provisions and other sections of the
Buena Park City Code.
K. Sale or Transfer of Business.
1. No permit issued pursuant to this Ordinance may be assigned or transferred
without the prior written approval of the Director. The applicant
shall apply for a transfer on a form provided by the Director, and
shall pay a non-refundable application processing fee in the amount
established by City Council resolution.
2. Transfer of partnership or corporate ownership. An application for
approval of a transfer or permit shall be required prior to any change
in an interest in a partnership or ownership of 10 percent or more
of the stock of a corporation to any person not listed on the application
filed by said application.
3. An application for transfer of a permit may be denied for any of the grounds specified for denial of an original permit application in subsection
I of this section. Procedures for notice of denial of a transfer and appeal thereof shall be identical to those procedures for denial of a permit application specified in subsection
I of this section.
L. New Permit Required. The permittee must apply for a new adult
entertainment permit as follows:
1. Prior to any change in the location of the adult entertainment business.
2. Prior to the conversion of any existing adult entertainment business
to any other type of adult entertainment business as described herein.
3. Prior to any change in the business name of the adult entertainment
business.
M. Display of Permit. Each person to whom or for who a permit
has been granted shall display said permit in a conspicuous place
within the adult entertainment business so the same may be readily
seen by persons entering the premises.
(Amended by Ord. 1361 § 2,
1997)
A. Purposes and Findings. The purpose of this Section is to ensure
the continued availability of transient lodging within the City of
Buena Park and to ensure the continued use of hotels, motels and motor
hotels in the manner intended at the time of adoption of the Zoning
Ordinance of the City of Buena Park.
B. Limitation on Continuous and Cumulative Occupancy of Hotels, Motels
and Motor Hotels. It shall be unlawful for any hotel, motel or motor hotel to rent or let, or otherwise provide, any room therein to any person, firm, partnership, corporation, association or other business entity for thirty 30 or more consecutive days, or for more than 60 total days in any 180-consecutive day period, unless such hotel, motel, or motor hotel complies with all development standards set forth in subsection
C of this section and a conditional use permit has been obtained pursuant to Section
19.128.020 of this Title. It is the intent of this section that if a room is rented, let or otherwise provided to any party for either of the maximum time periods allowed by this section, then such room may not again be rented, let or otherwise provided to that same party or to any individual, firm, or entity that was a member of said party.
1. Each hotel, motel and motor hotel shall maintain daily written records
reflecting the renting, letting, or other provision of any of its
rooms, including but not limited to, check-in and check-out dates
of each person who rents, lets, or is otherwise provided a room. Unless
payment for the room is made by check or credit card, such records
shall also include the name and home or business address and telephone
number of each such person. The required records shall be maintained
for no less than one year, or for such longer period as may be prescribed
by law, and shall be available for review by City representatives
during normal business hours.
2. Except as otherwise provided by law, each hotel, motel, and motor hotel shall post a legible copy of the text of this Section
19.552.110 in an open and conspicuous place within the public lobby area, and in an open and conspicuous place where other postings are required by law, in each room available for rent.
3. Any property left in a room by a person or party that has checked
out shall be removed by the operator of the hotel, motel, or motor
hotel and stored or otherwise disposed of in accordance with applicable
laws.
C. Development Standards. Any hotel, motel or motor hotel applying for a conditional use permit to meet or exceed the 30- or 60-day occupancy limit set forth in Subsection
B of this section shall comply with all of the following development standards:
1. The hotel, motel or motor hotel must have a minimum of 75 guest rooms.
2. Fireproof safety deposit boxes must be available to all of the occupants
of the hotel, motel or motor hotel.
3. In room telephone services shall be available to all of the occupants
of the hotel, motel or motor hotel.
4. Each guest room shall be serviced daily with central maid, mail,
and room services.
5. The hotel, motel or motor hotel must have a restaurant on the property
or on abutting property.
6. Entrances to all guest rooms within the hotel, motel or motor hotel
must be from completely enclosed interior halls or from a courtyard
that is enclosed on all four sides by guest rooms and/or lobby area.
(Ord. 1340 § 5, 1996; Ord. 1399 §§ 1, 2, 1999)